Presiding Argued and Submitted March 10, 2017 Pasadena,
from the United States District Court for the Central
District of California D.C. No. 2:13-cv-00110-JFW-VBK John F.
Walter, District Judge,
S. Klapach (argued), Klapach & Klapach P.C., Beverly
Hills, California, for Plaintiff-Appellant.
Lois Bobak (argued), Woodruff Spradlin & Smart APC, Costa
Mesa, California, for Defendants-Appellees.
Before: A. Wallace Tashima and Jacqueline H. Nguyen, Circuit
Judges, and Algenon L. Marbley, [*] District Judge.
panel affirmed in part, and reversed in part, the district
court's summary judgment in favor of the City of Beverly
Hills, its police chief and others in Gary Klein's 42
U.S.C. § 1983 action, alleging that search warrants
issued in connection with an investigation of Klein's
wife's death were obtained through judicial deception.
panel held that the discovery rule applied to a judicial
deception claim. The panel further held that Klein's
judicial deception claim as to the first search warrant in
August 2009 began accruing when the underlying affidavit
became reasonably available. The panel concluded that because
Klein acted with diligence, his claim for judicial deception
arising from the August 2009 search was timely.
concurrently field memorandum disposition, the panel affirmed
the district court's decision that Klein's judicial
deception claim failed on the merits.
Klein sued the City of Beverly Hills, its police chief, and
others for investigating him in connection with his
wife's death, claiming that the search warrants for his
home and computer were obtained through judicial deception.
We must decide when a judicial deception claim accrues.